"A' entered an agreement to sell, POA in respect of land belonging to"B" - Possession of property handed over to "A" - "A" permit "B" to possession of part of property for 3 months - Even after three months "B" namely owner of property refused to vacate - Suit filed by "A" for eviction and mesne profit - maintainable

Citation

AIR 2023 SUPREME COURT 2754

Citation: 2023 LiveLaw (SC) 479

SUPREME COURT

: AIROnline 2023 SC 460

DIPANKAR DATTA, J. and PANKAJ MITHAL, J.

Civil Appeal Nos.7527-7528 of 2012, D/-2-6-2023

Ghanshyam v. Yogendra Rathi.

Civil P.C. (5 of 1908), 0.20 R.12 - Transfer of Property Act (4 of 1882), S.53A, S.54 - Suit for possession and mesne profits A prospective purchaser, having performed his part of contract and lawfully in possession acquires possessory title which is liable to be protected in view of S. 53A of Act, 1882 - Said possessory rights of prospective purchaser cannot be invaded by transferor or any person claiming under him - Plaintiff admittedly was settled with possessory title in part performance of agreement to sell Defendant who was in possession under licence simpliciter, exhausted his right to continue in possession after licence was determined - Decree for eviction and mesne profits, passed by trial Court was proper. (Paras 10 15 16)